June 13, 2023 court of first instance - Orders
Claim No. CFI 033/2022
THE DUBAI INTERNATIONAL FINANCIAL CENTRE COURTS
IN THE COURT OF FIRST INSTANCE
BETWEEN
WESTFORD TRADE SERVICES DMCC
Claimant in CFI-033-2022
WESTFORD TRADE SERVICES (UK) LTD
Claimant in CFI-060-2022
and
DUBAI INSURANCE CO PSC
Defendant
ORDER OF H.E. JUSTICE SHAMLAN AL SAWALEHI
UPON the Defendant’s Application No. CFI-033-2022/2 dated 9 February 2023 seeking consolidation of Claim No. CFI-033-2022 and Claim No. CFI-060-2022 (the “Consolidation Application”)
AND UPON the Claimant's Application No. CFI-060-2022/1 dated 27 February 2023 for a stay of Claim No. CFI-060-2022 (the “Stay Application”)
AND UPON hearing Counsel for the Claimants and Counsel for the Defendant at the hearing listed before me on 25 April 2023
IT IS HEREBY ORDERED THAT:
1. The Consolidation Application is granted.
2. Pursuant to Rule 4.2(7) of the Rules of the DIFC Courts and Registrar’s Direction No 2 of 2014 – Consolidation of Applications/Cases before the DIFC Courts, Claim No. CFI-033-2022 and Claim No. CFI-060-2022 are hereby consolidated and will proceed as one claim under the case reference number CFI-033-2022.
3. The title and case number of the consolidated proceedings shall be Westford Trade Services DMCC and Westford Trade Services (UK) Ltd v Dubai Insurance Co PSC (CFI-033-2022).
4. The files in Claim No. CFI-060-2022 shall be transferred and added to the file of Claim No. CFI-033-2022.
5. All further submissions shall be filed and served in respect of the consolidated case.
6. The Stay Application is dismissed.
7. The Claimants shall pay the Defendant its costs of the Consolidation Application and the Stay Application on the standard basis, to be assessed by a Registrar if not agreed.
Issued by:
Delvin Sumo
Assistant Registrar
Date of issue: 13 June 2023
At: 12pm